Effective Date: 18.09.2026
These Terms of Service (hereinafter the "Terms," "ToS," or "Agreement") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("You," the "User," or the "Customer"), and FR TEAM INTERNATIONAL S.A., a public limited liability company (société anonyme) incorporated under Luxembourg law with its principal office at 47 An der Fraesbich, L-8509 Redange (hereinafter "AutoTuner," "the Company," "We," "Us," or "Our").
This Agreement governs your access to and use of the website www.autotuner.com (the "Website"), including any content, functionality, and services offered on or through the Website, such as the online shop, technical support portals, compatibility lists, and communication tools (collectively, the "Services"). This Agreement also governs the purchase, license, and use of all hardware and software products sold by the Company, including but not limited to the AutoTuner Tool and the AutoTuner One (collectively, the "Products").
These Terms govern the Website, Products and Services to the extent applicable to the relevant relationship. Before placing an order or activating a Product license, the Customer must be given an opportunity to review, download and retain the applicable Terms and must expressly accept them. The Company records that acceptance and the applicable version. Additional express acceptance of Article 10 is required for each Mail-in Unlock order. Mere browsing does not constitute acceptance of payment obligations or product- or service-specific terms.
To use the Services and purchase Products, you must be at least the age of majority in your jurisdiction and legally capable of entering into a binding contract. If you are using the Website or purchasing Products on behalf of a business, corporation, partnership, or any other legal entity, you represent and warrant that you have the full legal authority to bind that entity to this Agreement. In such cases, all references to "You" or "User" shall refer to that entity. If you do not possess such authority, you are personally liable for all obligations contained herein and must not proceed with using the Services or purchasing Products on behalf of the entity.
The AutoTuner Tool and Mail-in Unlock Service are offered exclusively to Professional Customers; AutoTuner One sales by the Company are restricted to authorized Resellers. A purchaser must provide accurate business-identification information and any professional authorization required for its activities. The Company may request reasonable supporting evidence and refuse orders where eligibility is not established. A declaration of professional status does not remove mandatory consumer rights where the person legally qualifies as a consumer under applicable law.
For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:
Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and make personal and professional use of the Website and its Services for their intended purposes. This license does not include any resale or commercial use of any Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
You agree not to use the Website or Services to:
The Services, including the online shop, compatibility lists, technical support portal, and chatbot, are provided to facilitate your interaction with the Company and its Products. The online shop allows for the purchase of Products subject to the terms in Part II of this Agreement. The compatibility lists, FAQ, and other informational resources are provided for guidance and informational purposes only.
The Company endeavors to provide accurate and up-to-date information through its Services, including but not limited to vehicle compatibility lists, technical specifications, and support articles. However, the automotive industry is subject to constant change, and variations exist between vehicle models, regions, and software versions. Therefore, all such information is provided "as is" and without any warranty of accuracy, completeness, or timeliness. The User, particularly as a professional in the automotive field, bears the sole responsibility for verifying all information, including vehicle compatibility, prior to making a purchase or performing any work on a vehicle. General informational resources do not replace verification of the specific vehicle, ECU hardware and software version. This disclaimer does not override an express compatibility commitment or service description forming part of an accepted order, nor exclude liability that cannot lawfully be excluded.
Each Professional Customer represents and warrants, when ordering and whenever using the Products or Services, that: (a) it holds all authorizations legally required for its activities; (b) it owns the relevant vehicle and ECU or holds documented authority from their lawful owner and any other person whose permission is legally required; (c) it holds the rights and permissions necessary to access, copy, modify and use the relevant software and data; and (d) its intended activities, Customer Content and resulting vehicle modifications comply with all applicable laws in the jurisdictions of performance, supply, registration and intended use. These requirements include applicable emissions, vehicle approval, roadworthiness, safety, intellectual-property, cybersecurity and data-protection requirements. The Customer must obtain any required approval, inspection, registration amendment or other authorization before the modified vehicle is put into use.
The Products and Services must not be used to disable, bypass, conceal or impair emissions-control, diagnostic or safety functions in breach of applicable law; falsify compliance information; facilitate theft or unauthorized access; or otherwise perform unlawful modifications. A description such as ‘off-road’, ‘competition’, ‘research’ or ‘export’ does not itself establish an exemption from applicable law. The Company’s acceptance of an order, technical compatibility information or successful operation does not constitute regulatory approval of a calibration, modification or vehicle.
Immobilizer programming or deactivation, key coding, anti-theft system management and pairing of security-relevant components are outside the scope of the Products and Services. The Products and Services do not provide functionality to perform those operations when used in accordance with the Company’s documentation and intended operating procedures. ECU programming access enabled by the Mail-in Unlock Service does not constitute an immobilizer unlock or authorization to access vehicle-security systems. Customers must not represent that the Company supplies or authorizes those excluded functions.
As between the Company and the Professional Customer, the Customer is responsible for the selection, provenance, rights clearance, legality, suitability and validation of Customer Content and for vehicle work performed by it or its service providers, including ECU removal, installation, programming, testing and release of the vehicle to its end customer. The Customer must explain material modification-related risks and applicable instructions to its end customer, including possible effects on manufacturer warranty coverage, insurance, roadworthiness and approval requirements, without representing that every modification automatically invalidates every warranty. Except where expressly included in the agreed Service, the Company does not certify Customer Content or the resulting vehicle configuration.
The Professional Customer must retain proportionate evidence of the authorizations and compliance required by Sections 3.5–3.7 for the applicable legal retention period and, where necessary, the period reasonably required to address related claims. On a reasonable, documented request, it must provide relevant evidence, including business credentials, owner mandates, ECU or vehicle identifiers, relevant software rights and applicable approvals. The Company may conduct proportionate compliance reviews, itself or through an independent auditor bound by confidentiality, normally on at least ten business days’ notice. Shorter notice may be required for a credible urgent legal or security risk. Reviews must be limited to relevant records, minimize disruption and protect personal data, unrelated confidential information and legally privileged material. The Company bears review costs unless a material breach is established, in which case reasonable documented costs may be recovered. Suspension and termination are governed by Article 13. Verification does not constitute certification or transfer the Customer’s responsibilities.
To access certain features of the Website and to activate and use the Products, you must register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and any other credentials used to access your Account. You agree not to disclose your password to any third party.
You are solely and fully responsible for any and all activities that occur under your Account, whether or not you have authorized such activities. You must notify the Company immediately of any unauthorized use of your Account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with these security obligations.
The Website, the Services, and all their content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This Agreement grants you no rights to use the Company's Intellectual Property except for the limited license to use the Website and Services as expressly set forth in Section 3.1. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as is incidental to normal web browsing.
The Company's Privacy Policy, which is available at www.autotuner.com/policies/privacy-policy, is hereby incorporated by reference into this Agreement and forms an integral part hereof. The Privacy Policy explains the Company’s processing of personal data, including its purposes, legal bases, recipients, retention periods and applicable rights. Acknowledgment of that notice is not consent to processing that requires a separate consent. Processing necessary for an applicable contractual, legal or legitimate-interest purpose relies on the relevant lawful basis.
ECU data, vehicle identifiers and service records may contain personal data. Each party must establish its applicable lawful basis and provide required information to affected individuals. The Company determines its own purposes for account administration, billing, security and legal compliance. Where it processes personal data on the Customer’s behalf, the parties must enter into an Article 28 GDPR data-processing agreement before that processing begins. That agreement must address documented instructions, confidentiality, security, assistance, incidents, deletion or return, audits and subprocessors. The Privacy Policy and applicable processing agreement must identify relevant data categories, retention arrangements and international-transfer safeguards.
The terms and conditions set forth in this Part II govern the offering, sale, purchase, license, and use of all Products and the ordering and provision of Services sold by the Company, whether purchased directly from the Website or through an authorized Dealer. These terms are in addition to the general terms in Part I and Part III.
By placing an order for a Product through the Website's online shop or with a Dealer, you are making an offer to purchase that Product subject to this Agreement. The Company reserves the right to accept or reject any order in its sole discretion. An order is not considered accepted until the Product has been dispatched. All prices are listed on the Website and are subject to change without notice. Prices do not include shipping costs, taxes, duties, or other governmental charges, which are the sole responsibility of the Customer.
Mail-in Unlock orders are accepted in accordance with Article 10, rather than upon dispatch. Prices applicable to an accepted order are those agreed at acceptance; subsequent price changes do not alter that order.
Payment for all orders must be made in full prior to the dispatch of the Product. The Company accepts payment methods as indicated on the Website at the time of purchase. You represent and warrant that you are authorized to use the payment method you provide.
Mail-in Unlock fees and quoted shipping charges are payable before work begins, unless otherwise agreed in writing.
Shipping shall be conducted according to the terms specified at the time of purchase. The risk of loss or damage to the physical Product hardware passes to you upon our delivery of the Product to the designated shipping carrier. Title to the physical Product hardware passes to you only upon the Company's receipt of your full and final payment. The license to use the associated software is governed by the specific terms for each Product as detailed below and does not pass with the title to the hardware. This Section concerns hardware sold by the Company. Ownership of an ECU submitted for service remains with its owner; its custody, transport and return are governed by Article 10.
These Terms of Service are drafted in the English language. Any translation of these Terms that may be provided is for informational convenience only and holds no legal value. In the event of any conflict, discrepancy, or ambiguity between the English language version of this Agreement and any translated version, the English language version shall prevail, be paramount, and constitute the sole legally binding and enforceable version.
The purchase of an AutoTuner Tool consists of two components: (i) the acquisition of the physical hardware device, and (ii) a limited, non-exclusive, non-transferable (except as provided in Section 8.3), and revocable license to use the proprietary software and access the associated online services required for the Tool's operation. This license is strictly contingent upon the User maintaining an active and valid Account in good standing with the Company.
The AutoTuner Tool is inextricably linked to a User's Account via the unique email address registered to that Account. This email address, and by extension the Account, serves as the sole and definitive identifier for the software license, warranty status, and eligibility for support and updates associated with a specific AutoTuner Tool serial number. Physical possession of the device without a corresponding valid Account and license does not confer any right to use the Product's software or related Services.
A Transfer is a change in the legal person entitled to use the Tool’s license.
A Transfers is subject to a mandatory, non-negotiable transfer procedure administered by the Company and the payment of a transfer fee, the amount of which is specified on the Company's Website. This fee covers the administrative costs of terminating the old license, issuing a new license, updating warranty records, and providing onboarding support. Any attempt to circumvent this official process is a material breach of this Agreement.
Upon the successful completion of the official Transfer process and the Company's receipt of the applicable transfer fee, the license to use the software and any remaining portion of the Product's original limited warranty are formally transferred to the new Account, which is identified by the new email address. Concurrently, all rights and licenses held by the previous Account with respect to that specific AutoTuner Tool are irrevocably terminated.
Any attempt to sell, share, or otherwise transfer the use of an AutoTuner Tool by sharing Account login credentials or by any other means that circumvents the official Transfer process described herein is strictly prohibited. Circumvention may lead to proportionate action under Article 13. Any effect on a commercial warranty remains subject to its lawful terms, the nature of the breach and mandatory rights.
Access to technical support, maintenance services, and all software and firmware updates for the AutoTuner Tool is strictly conditional upon the Tool's serial number being linked to a valid, registered Account in good standing. The Company has no obligation to provide such services for any device that is not properly registered through an official Account.
The Company warrants the AutoTuner Tool hardware against defects in materials and workmanship under normal use for a period of five (5) years from the date of original retail purchase. This limited warranty is provided exclusively to the Account holder of record. Further details of the warranty are provided in the documentation accompanying the Product and the relevant FAQ section on the Company’s Website.
Dealers are independent entities and are not agents, partners, or employees of the Company. As a material condition of their status as an authorized Dealer, all Dealers must ensure that any End-Customer purchasing an AutoTuner Tool is made aware of, and affirmatively agrees to be bound by, these Terms of Service as a prerequisite to the completion of the sale. This obligation requires the Dealer to present these Terms to the End-Customer and obtain a verifiable form of acceptance. Dealers must be able to provide proof of such End-Customer agreement upon request by the Company. Failure to comply with this obligation may result in the termination of the Dealer's authorized status without automatically extinguishing the End-Customer’s statutory rights or rights under an applicable Company warranty.
The Dealer must not market the Products or Services for prohibited uses, promise regulatory approval not actually obtained, or contradict the scope and warnings in Sections 3.5–3.7. It must communicate applicable operating instructions and restrictions to its customers and obtain any acceptance required for a direct Company license or Service. It must promptly notify the Company of credible unlawful-use or safety concerns.
Master Tool: An AutoTuner Tool designated as a "Master" allows the User to read vehicle data files in an unencrypted format.
Slave Tool: An AutoTuner Tool designated as a "Slave" is technologically and contractually linked to a specific Master Tool.
The owner of a Slave Tool may request to change the Master Tool to which their device is linked. This process is subject to the explicit consent and cooperation of the current Master Tool owner. The Company will facilitate this administrative change upon receiving verifiable authorization from the current Master. This service is subject to a processing fee, the current amount of which is published on the Company's Website.
The relationship, both commercial and technical, between the owner of a Master Tool and the owner of any Slave Tool linked to it, is strictly and exclusively between those two parties. The Company is not a party to their agreement and has no role other than to provide the technological link. The Company explicitly disclaims any and all responsibility or liability for disputes, disagreements, or conflicts arising between a Master and a Slave owner. This includes, but is not limited to, situations where a Master owner refuses to grant consent for a change of designation, is unresponsive or ceases business operations (thereby "abandoning" the Slave), or provides files that are unsatisfactory or damaging. The Company will not mediate, arbitrate, or otherwise intervene in such disputes. The owner of a Slave Tool acknowledges and accepts that they are entering into a business relationship with the Master owner at their own risk, and the Company shall not be held liable for any financial loss, business interruption, or other damages resulting from a breakdown in that relationship.
The AutoTuner One is a professional tool intended for business use and is sold exclusively to approved and authorized Resellers. It is not available for direct purchase by End-Customers from the Company. The Company reserves the right to approve or deny Reseller applications in its sole discretion.
By purchasing an AutoTuner One, the Reseller represents and warrants that it is a professional service provider in the automotive industry and that it will use the AutoTuner One in a lawful, professional, and competent manner, in accordance with all applicable laws and industry best practices. Sections 3.5–3.8 apply to all activities performed by the Reseller using AutoTuner One.
The Reseller must not market the Products or Services for prohibited uses, promise regulatory approval not actually obtained, or contradict the scope and warnings in Sections 3.5–3.7. It must communicate applicable operating instructions and restrictions to its customers and obtain any acceptance required for a direct Company license or Service. It must promptly notify the Company of credible unlawful-use or safety concerns.
The Company provides the AutoTuner One hardware and its base operating software to the Reseller as a tool. The Reseller is solely, exclusively, and entirely responsible for any and all data, files, software modifications, engine calibration parameters, or tuning files (collectively, "Files") that the Reseller creates, procures, modifies, or provides to its End-Customers using the AutoTuner One. The Company does not select, develop or validate the Reseller’s Files. Technical transmission, storage or processing of a File does not by itself constitute approval of its content. As between the parties, the Reseller is responsible for its Files and the calibration services it supplies, subject to Sections 3.7 and 10.3. Any statutory classification of a party as manufacturer, producer, importer or service provider is determined by applicable law and the activities actually performed.
The Reseller contracts with its End-Customers for the tuning services and Files it supplies and is responsible for its own customer information, warranties, support and statutory obligations. The Company’s contractual hardware warranty and commercial support are supplied to the Reseller unless expressly stated otherwise. This does not exclude obligations arising under any separate Company license or service accepted by an End-Customer, mandatory product-liability or other statutory rights, or liability for the Company’s own conduct.
The indemnity in Article 12 applies in particular to the Reseller’s Files, tuning services and representations to End-Customers.
The Mail-in Unlock Service is available exclusively to Professional Customers satisfying Section 1.2. Each order requires separate express acceptance of this Article and confirmation of compliance with Sections 3.5–3.8. The Customer must identify the submitting business, ECU and relevant vehicle and confirm that it holds documented authority from the lawful owner for the proposed intervention and associated handling and transport. An order is accepted when the Company issues an express service-order acceptance; an automated acknowledgment or receipt of payment alone is not acceptance. Acceptance remains subject to the refusal and refund provisions below.
The Service consists solely of the ECU programming-access intervention described in the accepted order for the identified ECU hardware and software version. It does not include calibration development or validation, vehicle diagnosis, repair, installation, roadworthiness or emissions certification, or the functions excluded by Section 3.6, unless a separate lawful service is expressly agreed. The Company will perform the agreed intervention with reasonable professional skill and care. Successful unlocking does not guarantee compatibility with every subsequent file, third-party tool or future manufacturer update. A subsequent software update or third-party intervention may overwrite or invalidate the unlock; repeat work is separately chargeable where the issue is not attributable to defective performance by the Company.
The Customer must disclose all known faults, previous unlock attempts, repairs, software modifications and other interventions affecting the ECU. Except for checks expressly included in the accepted order or technically necessary to perform the Service, the Company does not undertake to audit, authenticate, validate or establish the history, legality, originality or integrity of existing ECU content. Receipt or processing of an ECU does not certify that content or its condition. The Customer acknowledges that unlocking may affect or overwrite existing content and that pre-existing modifications may interact adversely with the intervention. The Company does not warrant the preservation, functionality or compatibility of Customer Content. Subject to Section 11.3, the Company is not responsible to the extent that a failure or loss is caused by a pre-existing defect, prior intervention, undisclosed modification or Customer Content, rather than a breach by the Company. A prior intervention alone does not exclude responsibility for unrelated damage caused by the Company.
The Customer is responsible for competent ECU removal, accurate identification, protection of connectors and compliance with the supplied shipping instructions. It must retain available original files and make any backup reasonably and lawfully possible before submission. If a backup is technically unavailable, the Customer must disclose that fact; inability to create a backup does not by itself waive claims for defective performance. No backup, recovery or restoration service is included unless expressly agreed. The Customer must not submit unrelated accessories or unnecessary personal data.
If the Company identifies damage or another material risk before or during processing, including bent pins, connector damage or suspected internal defects, it will notify the Customer and suspend the affected work. The Company is not required to carry out a comprehensive latent-defect investigation unless expressly agreed. Work on the affected ECU will proceed only after the Customer gives written authorization acknowledging the identified condition and reasonably explained additional risks. Silence is not authorization. The Company may nevertheless refuse to proceed under Section 10.6. Authorization to attempt the work does not release the Company from responsibility for its own defective performance or affect any applicable transit-damage entitlement.
The Company may decline or discontinue an unlock at its discretion, exercised in good faith and subject to mandatory law. It is not required to disclose confidential technical, security or commercial reasons. It will notify the Customer of its decision and return the ECU, unless return is legally prohibited. If the unlock is declined, discontinued without completion or technically unsuccessful, the unlock fee will be refunded within fourteen calendar days of that determination. The Company may retain separately invoiced inbound and return shipping charges only to the extent that the corresponding transport has actually been performed or irrevocably incurred; unused shipping amounts will be refunded. No additional diagnostic, attempt or cancellation fee is payable unless separately agreed before it is incurred. Where refusal or failure results from the Company’s breach, reasonable necessary return transport will be borne by the Company, without prejudice to other applicable remedies.
The Customer must package each ECU in a rigid, secure container with sufficient cushioning and immobilization, protected connectors and pins, and appropriate protection against moisture and electrostatic discharge. The AutoTuner shipping case is recommended but is not mandatory. An alternative container is selected at the Customer’s risk as to its adequacy and must provide equivalent protection. Purchase of an AutoTuner case does not excuse incorrect packing. The transit undertaking in Section 10.8 does not cover damage to the extent caused or aggravated by inadequate Customer packaging. Any refusal of coverage on that basis will identify the relevant inadequacy and supporting evidence. The Company may return an inadequately packaged ECU without attempting the unlock, subject to Section 10.6. This exclusion does not excuse inadequate packing or repacking by the Company or its subcontractor.
For physical transit damage occurring during inbound or return carriage undertaken in accordance with the service-order shipping instructions, including any carriage arranged by the Company between service locations, the Company provides the following contractual undertaking, subject to Section 10.7. The Company will supply a functionally equivalent replacement ECU, used or new as reasonably appropriate, or reimburse the reasonable documented cost of such a replacement. Equivalence must take account of compatibility and the ECU’s pre-damage condition. The maximum aggregate benefit is EUR 1,500 per affected ECU per service order, including any agreed necessary coding or adaptation costs and non-recoverable VAT; recoverable VAT is excluded. Removal, installation, vehicle hire, downtime and consequential losses are not included in this undertaking. Any replacement requiring excluded security functions must be adapted by an appropriately authorized third party. This undertaking is funded directly by the Company; it is not represented as third-party transport insurance. Payment is not conditional on the Company first recovering from a carrier. There may be no double recovery for the same loss. The undertaking does not reduce any separate liability of the Company under Article 10.
The Customer must inspect the returned shipment promptly, record visible damage with the carrier where practicable, preserve the packaging and notify the Company without undue delay after discovering damage or malfunction. The notification should include the order reference, ECU identifier, photographs and available diagnostic information. Late notification affects a claim only to the extent that it materially prejudices investigation or recovery, subject to mandatory law. The Customer must give the Company a reasonable opportunity to inspect the ECU before destructive examination or repair, except where urgent action is reasonably necessary to prevent further harm. The parties will cooperate in carrier claims, and any assignment of recovery rights will be limited to amounts paid by the Company.
The Customer authorizes the Company to subcontract all or part of the Service in Luxembourg or another country, subject to applicable law and Section 6.2. The Company remains the Customer’s contracting party and point of contact and remains responsible for performance by its subcontractors as for its own performance, subject to the same lawful contractual limitations. Subcontracting does not reduce the Company’s applicable confidentiality, personal-data or information-security obligations. The Company will impose appropriate confidentiality, security, custody and service-performance obligations on its subcontractors. Where personal data is processed, the applicable controller/processor arrangements, subprocessor authorizations and international-transfer safeguards must be in place before access or transfer occurs. Acceptance of this Article is not, by itself, a derogation from GDPR transfer requirements.
Certain ECUs require a specified initial programming or commissioning procedure after unlocking and may not operate until that procedure is completed. Any known material requirement will be disclosed before order acceptance; ECU-specific instructions will accompany the returned ECU and be sent electronically to the Customer. The Customer must follow those instructions, including any required first flash, and must communicate relevant instructions to its end customer and any installer. It must verify correct and lawful operation before releasing the vehicle for use. If instructions are absent or unclear, it must obtain clarification before attempting operation. Subject to Section 11.3, the Company is not responsible to the extent that loss results from failure to follow properly supplied instructions. This exclusion does not apply to loss caused by incorrect, incomplete or missing instructions attributable to the Company.
Unless expressly agreed as binding, turnaround estimates run from receipt of the correctly identified ECU, full payment and all required information and authorizations, and exclude transport, customs and Customer-response delays. The Company will notify the Customer of a material delay. It will exercise reasonable care in identifying, safeguarding and returning ECUs while in its or its subcontractors’ custody. The Customer must provide accurate customs information; applicable duties, taxes and clearance charges must be disclosed or allocated in the order. Additional charges resulting solely from an undisclosed overseas subcontracting route selected by the Company are borne by the Company. This Article prevails over conflicting general provisions concerning Mail-in Unlock orders, including Sections 7.2–7.4 and 11.1–11.2. Section 11.3 always applies.
Except for express contractual commitments, applicable commercial warranties and rights that cannot lawfully be excluded, the Company gives no additional warranty that the Website, Products or Services will be uninterrupted or error-free, or suitable for an application not expressly agreed. For Mail-in Unlock, the service commitments and exclusions in Article 10 apply. No warranty is given as to Customer Content, third-party modifications or a vehicle’s regulatory approval merely because a Product or Service is supplied. Nothing in this Section excludes the Company’s obligation to perform the agreed Service with reasonable professional skill and care or permits it to disregard an expressly agreed specification. All exclusions are subject to Section 11.3.
Subject to Section 11.3, the Company is not liable to a Professional Customer for indirect or consequential loss, including lost profit, revenue, business opportunity or goodwill, to the extent lawfully excludable. Physical damage to an ECU or vehicle caused by a breach attributable to the Company is not excluded merely by describing it as consequential. Liability for such damage remains subject to the applicable lawful cap below. Express refund, warranty and transit-undertaking obligations remain enforceable.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICES, OR PRODUCTS.
Subject to Section 11.3, the Company’s aggregate liability to a Professional Customer arising from a particular Product or Service shall not exceed the price paid for that Product or Service, irrespective of when payment was made. For Mail-in Unlock, the cap is instead the greater of EUR 1,500 and the unlock fee paid for each affected ECU under the relevant order. The separate transit undertaking remains limited as specified in Section 11.8 and is not reduced to the unlock fee. Amounts paid for the same physical loss are credited against each other; there is no double recovery. Refunds of fees for unperformed services and performance of express repair or replacement warranties are not reduced by this damages cap.
No exclusion, limitation, release or indemnity in these Terms excludes or limits liability for fraud, willful misconduct or gross negligence (faute lourde), death or personal injury caused by the Company’s fault, or any liability that applicable law does not permit to be excluded or limited. These Terms do not restrict mandatory rights of consumers, injured third parties or data subjects, or the powers of competent authorities. Any allocation of responsibility between the Company and a Professional Customer operates only between those parties and to the extent permitted by law. References to the Company’s conduct include conduct of persons for whose performance it is legally responsible.
A Professional Customer shall indemnify the Company and its personnel against third-party claims, reasonable defense costs and resulting liabilities to the extent caused by that Customer’s breach of Sections 3.5–3.8 or Article 11, infringement through Customer Content, unauthorized vehicle work, or unlawful or negligent services or representations to its end customers. The indemnity does not apply to the extent attributable to the Company’s breach or fault. Fines and penalties are recoverable only where indemnification is legally permitted. The Company must notify the Customer promptly, take reasonable steps to mitigate loss and allow reasonable participation in the defense. No settlement imposing an admission, non-monetary obligation or unreimbursed payment on the Company may be concluded without its written consent, not unreasonably withheld. This Article is subject to Section 11.3.
This Agreement shall commence upon your first use of the Website, Services, or Products and shall remain in full force and effect until terminated by either you or the Company.
The Company may proportionately suspend affected orders, functions or Accounts where it has reasonable grounds to suspect unlawful use, a material breach, compromised credentials, a serious safety or security risk, or failure to provide reasonably requested compliance evidence. It will provide notice and an opportunity to respond or remedy the issue where appropriate. Immediate suspension is permitted where necessary to prevent harm or comply with law; reasons may be withheld to the extent disclosure is legally prohibited or would compromise a legitimate investigation or security measure. The Company may terminate for a material breach not remedied within fourteen days after notice, a breach incapable of remedy, or repeated serious breaches. Restrictions must be reviewed and lifted when their justification ceases.
Upon termination of this Agreement, your right and license to use the Website, Services, and any associated software will immediately cease. You must cease all use of the terminated services and software. Provisions of this Agreement that, by their nature, should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and governing law clauses.
Suspension or termination does not transfer ownership of Customer ECUs, extinguish accrued claims, or remove obligations to return property and refund unperformed services. Any technical restriction must be implemented with reasonable regard to safe completion or recovery of an operation already underway.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Grand-Duchy of Luxembourg, without giving effect to any choice or conflict of law provision or rule.
This choice does not displace overriding mandatory rules applicable to the relevant activity or any mandatory consumer protection preserved by applicable conflict-of-laws rules.
For disputes between the Company and a Professional Customer arising out of or relating to these Terms, Products or Services, the courts of the City of Luxembourg shall have exclusive jurisdiction, subject to any jurisdiction that cannot lawfully be derogated from. Nothing prevents a party from seeking available provisional or protective measures before another competent court.
The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or accidents.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
The contract comprises the expressly accepted order, any individually negotiated written terms, the applicable product- or service-specific provisions, and these general Terms. Individually negotiated terms prevail; Article 10 prevails over conflicting general provisions for Mail-in Unlock; Section 11.3 always applies. An applicable data-processing agreement prevails on its subject matter. Technical and packaging instructions identified and supplied before acceptance form part of the contract for their operational subject matter. Later instructions may specify safe performance but may not retroactively reduce agreed rights or impose undisclosed material charges. The Privacy Policy provides statutory information and does not replace a required data-processing agreement. Customer purchase terms do not apply unless expressly accepted by the Company.
You may not assign or transfer any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment in violation of this section shall be null and void. The transfer of a Product license is governed exclusively by the process defined in Section 8.3. The Company may assign its rights and obligations under this Agreement at its sole discretion without restriction.
All notices, requests, consents, claims, demands, waivers, and other communications hereunder must be in writing and addressed to the Company at its official contact address provided below.
For any questions, legal notices, or other communications related to this Agreement, please contact the Company at:
FR TEAM INTERNATIONAL S.A.
47, An der Fraesbich
L-8509 Redange (Luxembourg)
Email: info@autotuner.com
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